Bava Batra 52 - Two Meanings of Chazakah (Civil)

The chazakah, or presumption of ownership, discussed so far had a challenge against it. For example, a case where a seller, that is, the previous owner, claims "I did not sell the land," and the purchaser, that is, the occupant, claims, "purchased it" - this is the chazakah of proving title, which requires three years to take effect.

But regarding a chazakah against which there is no challenge, for example, one who gives a gift, or two brothers who divide an estate - where the purpose of chazakah is merely to acquire the property in question - if one locked, fenced, or breached the property even to a minor extent - this is considered chazakah.

Art: Children On A Fence by Winslow Homer

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